A. General Penalty. Each violation of this chapter, other than flotation devices required for children under twelve (Section 8.44.060(E)), shall constitute a misdemeanor punishable upon conviction by a fine of not more than five hundred dollars or by imprisonment not to exceed six months or by both such fine and imprisonment. A violation of flotation devices required for children under twelve is an infraction with a maximum penalty of a five hundred dollar fine. Enforcement of flotation devices required for children under twelve by law enforcement officers may be accomplished as a primary action, and need not be accompanied by the suspected violation of some other offense.

B. Reckless Operation. Any person who operates any vessel in willful or wanton disregard for the safety of persons or property is guilty of reckless operation.

C. Exceeding Speed Limit Evidence of Reckless Operation. The unlawful operation of a vessel in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a vessel in a reckless manner by the operator thereof.

D. Operating Vessel in a Negligent Manner. It shall be unlawful for any person to operate a vessel in a negligent manner. For the purpose of this section, to “operate in a negligent manner” shall be construed to mean the operation of a vessel in such a manner as to endanger or be likely to endanger any persons or property. The offense of operating a vessel in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vessel in a reckless manner, and any person charged with operating a vessel in a reckless manner may be convicted of the lesser offense of operating a vessel in a negligent manner.

E. Water Littering. It shall be unlawful for any person to dump, throw or otherwise deposit junk, trash, garbage, refuse, litter or other waste and/or foreign material into Silver Lake; provided, that nothing in this chapter shall prohibit the cleaning of freshly caught fish and depositing the waste matter therefrom in lake areas a reasonable distance from swimming and bathing beaches.

F. Citations Authorized. Whenever any person is arrested for any violation of this chapter, the arresting officer may serve upon such person a citation and notice to appear in court. The arrested person, in order to secure release and when permitted by the arresting officer, must give written promise to appear in court as required by the citation and notice by signing in the appropriate place the written citation and notice served by the arresting officer. Upon the arrested person’s failure or refusing to sign such written promise and notice, the arrested person may be taken into custody by such arresting officer and placed in confinement. (Ord. 2416-99 § 2, 1999; Ord. 1183-85 § 10, 1985.)